Phillips v MacPhail and others
Phillips v MacPhail and others
- 1993
- SLC 1993 R 166-177(12) .
SLC Application Strathclyde RN 399 Order of 8 June 1993. The applicant claimed cottar rights to a hut erected on croft land for her grandfather following the destruction of his croft house. The Applicant was unable to show any more than tolerance by the landlord of the presence of the hut, and certainly not his "clear consent" found to be necessary by the Court in `Duke of Argyll`s Trustees v MacNeill` 1983 SLT (Land Ct) 35. The Applicant had no right of succession to whatever right her grandfather might have had, and had in any event taken up residence in another property and had therefore ceased to occupy the subjects she claimed to be cottar subjects. The Court therefore dismissed the Application.
COTTAR TENANCY
CROFTING
SCOTLAND
SCOTTISH LAND COURT
SLC
SUCCESSION
SLC Application Strathclyde RN 399 Order of 8 June 1993. The applicant claimed cottar rights to a hut erected on croft land for her grandfather following the destruction of his croft house. The Applicant was unable to show any more than tolerance by the landlord of the presence of the hut, and certainly not his "clear consent" found to be necessary by the Court in `Duke of Argyll`s Trustees v MacNeill` 1983 SLT (Land Ct) 35. The Applicant had no right of succession to whatever right her grandfather might have had, and had in any event taken up residence in another property and had therefore ceased to occupy the subjects she claimed to be cottar subjects. The Court therefore dismissed the Application.
COTTAR TENANCY
CROFTING
SCOTLAND
SCOTTISH LAND COURT
SLC
SUCCESSION